Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

[2001 : Mah. XXVII

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XXVII  OF  2001

THE  MAHARASHTRA  GUNTHEWARI
DEVELOPMENTS  (REGULATION,
UPGRADATION  AND  CONTROL)  ACT,  2001

(As  modified  upto  the  29th  August  2012)

*

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  CENTRAL  PRESS,  MUMBAI
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING,  STATIONERY  AND
PUBLICATIONS,  MAHARASHTRA  STATE,  MUMBAI  400  004.

2012

[Price : Rs. 13]

2001 : Mah. XXVII]

Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

(i)

THE MAHARASHTRA GUNTHEWARI
DEVELOPMENTS  (REGULARISATION,
UPGRADATION AND CONTROL) ACT, 2001

CONTENTS

PREAMBLE :

SECTIONS.

1.

2.
3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

Short title, extent and commencement.

Definitions.
Regularisation of Gunthewari developments.

Procedure for regularisation.

Consequences of regularisation.

Upgradation of regularised Gunthewari Development.

Control of Gunthewari Development.

Power  of  entry.

Service  of  notice,  etc.

Public notice how to be made known.

Notices,  etc.  to  fix  reasonable  time.

Authentication of orders and documents.

Offences by companies.

14. Withdrawal of cases and compounding of offences.

15.

16.

Jurisdiction of courts.

Protection of action taken in good faith.

17. Members and officers to be public servants.

18.

19.

20.

21.

22.

23.

24.

25.

Finality of orders.

Power  to  delegate.

Powers of Planning Authority to be exercised by certain officers.

Control by State Government.

Returns and information.

Power  to  make  rules.

Power  to  make  regulations.

Repeal of Mah. Ord. XIII of 200l and saving.

H  780—1

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Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

1

MAHARASHTRA ACT No. XXVII OF 20011.

[THE MAHARASHTRA GUNTHEWARI DEVELOPMENTS (REGULARISATION,
UPGRADATION AND CONTROL) ACT, 2001]

(This  Act  received  the  assent  of  the  Governor  on  the  10th  August
2001; the assent was first published in the Maharashtra Government
Gazette, Part IV, on the 13th August 2001)

An Act to provide for the regularisation and upgradation of
certain Gunthewari developments  and  for  the  control  of
Gunthewari developments and for matters connected therewith
and incidental thereto.

WHEREAS both houses of the State Legislature were not in session ;

AND  WHEREAS  the  Governor  of  Maharashtra  was  satisfied  that
circumstances  existed  which  rendered  it  necessary  for  him  to  take
immediate  action  to  promulgate  an  Ordinance  to  provide  for  the
regularisation and upgradation of certain Gunthewari developments and
for the control of Gunthewari developments and for matters connected
therewith  and  incidental  thereto ;  and,  therefore,  promulgated  the
Maharashtra Gunthewari Developments (Regularisation, Upgradation
and Control) Ordinance, 2001, on the 30th April 2001;

Mah.
ord.
XIII of
2001.

AND WHEREAS it is expedient to replace the said Ordinance by an
Act of the State Legislature ;  It is hereby enacted in the Fifty-second
year of the Republic of India as follows :—

1.

(1) This  Act  may  be  called  the  Maharashtra Gunthewari

Developments (Regularisation, Upgradation and Control) Act, 2001.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall be deemed to have come into force on the 30th April 2001.

Short title,
extent  and
commence-
ment.

2.

(1) In this Act, unless the context otherwise requires,—

Definitions.

(a) “ Gunthewari development”    means    plots    formed    by
unauthorisedly sub-dividing privately owned land, with buildings, if
any,  on  such  plots,  including  excess  vacant  land  under  the  Urban
Land  (Ceiling  and  Regulation)  Act,  1976,  not  vested  in  the  State
Government but excluding land under encroachment ;

33  of
1976.

1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, 2001, Extraordinary

Part  V-A,  p.  245,  dated  the  18th  July  2001.

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[2001 : Mah. XXVII

(b) “ layout ”  means  a  piece  of  land  or  contiguous  land  under

common ownership sub-divided into plots ;

(c) “ Planning Authority “ means—

(I) for the areas within their respective jurisdiction,—

(i) the Nagpur Municipal Corporation, constituted under the

City of Nagpur Corporation Act, 1948 ; or

(ii) the concerned Municipal Corporation, constituted under
the Bombay Provincial Municipal Corporations Act, 1949 ; or

(iii) the concerned Municipal Council, constituted under the
Maharashtra  Municipal  Councils, Nagar  Panchayats and
Industrial Townships Act, 1965 ; or

(iv) the Nagpur Improvement Trust, constituted under the

Nagpur Improvement Trust Act, 1936 ; or

(v) the concerned Special Planning Authority, constituted or
appointed or deemed to have been appointed under section 40
of  the  Maharashtra  Regional  and  Town  Planning  Act,  1966  ;
and

(II) in respect of areas other than those covered by sub-clause
(I), the Collector or an officer authorised by him in this behalf ;

(d) “ prescribed” means prescribed by rules made under this Act.

(2) Words and expressions used but not defined herein, shall have
their  respective  meanings  as  assigned  to  them  in  the  Maharashtra
Regional and Town Planning Act, 1966.

C. P.
and
Berar II
of  1950.

Bom.
LIX of
1949.

Mah.
XL  of
1965.

C. P.
and
Berar
XXXVI
of  1936.

Mah.
XXXVII
of  1966.

Mah.
XXXVII
of  1966.

Regularisation
of Gunthewari
developments.

3.

(1) All Gunthewari developments existing as on the 1st January
2001,  shall,  on  an  application  being  made  in  this  behalf  by  the
plot-holder,  to  the  Planning  Authority,  as  provided  in  section  4,
be  eligible  for  being  considered  by  the  Planning  Authority  for
regularisation :

Provided that, Gunthewari developments  existing  in  the  following

areas shall not be eligible for regularisation, namely :—

(a) Mumbai Metropolitan Region as established under sub-section
(1) of section 3 of the Maharashtra Regional and Town Planning Act,
1966 ;

Mah.
XXXVII
of  1966.

2001 : Mah. XXVII]

Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

3

69  of
1980.

29  of
1986.

29  of
1986.

(b) Scheduled Areas, declared as such by the President of India
by an order under paragraph 6 of Schedule V of the Constitution of
India ;

(c) forests  to  which  the  Forest  (Conservation)  Act,  1980

applies ;

(d) Coastal  Regulation  Zone  as  declared  under  clause (v)
of  sub-section  (2)  of  section  3  of  the  Environment  (Protection)
Act, 1986 ;

(e) Eco-Sensitive Zones or Ecologically Fragile Areas as declared
under section 1 and clause (v) of sub-section (3) of the Environment
(Protection) Act, 1986 ;

(f) Hill Stations as notified by the State Government ;

(g) Special  Tourism  Areas,  declared  as  such,  by  the

Central or State Government :

Provided  further that,  the Gunthewari developments  in  respect  of
the following categories of plots and buildings shall also not be eligible
for regularisation, namely :—

(a) plots formed and transferred after the 1st January 2001;

(b) plots existing on lands under acquisition for a public purpose;

(c) plots  existing  on  lands  where  the  provision,  or  to  which  the
extension, of civic services is not technically feasible or financially
viable ;

(d) plots or buildings (or parts thereof), posing hindrance in the
provision of infrastructure facilities and change in the plans for such
facilities to enable the said plots or buildings (or parts thereof), to
continue to exist is not feasible ;

(e) plots  or  buildings  (or  parts  thereof)  which,  in  the  opinion  of
the  State  Government  or  the  Planning  Authority,  ought  not  to  be
regularised,—

(i) in the public interest ; or

(ii) because of the matter being sub-judice ; or

(iii) as the same is barred by court decisions or orders.

(2) The  regularisation  of  any Gunthewari development  shall  be

subject to the following general conditions, namely :—

(a) In  the  layout,  ten  per  cent.,  of  the  plots  shall  vest  in  the

Planning Authority, free of cost :

H  780—2

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[2001 : Mah. XXVII

Provided that, such plots are unsold and unbuilt;

(b) Wherever  necessary,  open  marginal  spaces  shall  be
surrendered,  to  achieve  a  road-width  of  nine  meters  or  required
Development Plan road width in the areas of a Municipal Corporation,
a Special Planning Authority and a New Town Development Authority
and four and half meters or required Development Plan road width
in other areas ;

(c) It shall not be the responsibility of the Planning Authority to
provide  alternate  plots  or  otherwise  compensate  plot-holders
displaced or affected by any development or rectification carried out
in the process, or for the purpose, of regularisation and upgradation
of Gunthewari developments ;

(d) The regularisation of any Gunthewari development shall not
confer any title or claim in respect of the land or building not already
enjoyed by its holder prior to such regularisation.

(3) The  regularisation  of Gunthewari development  shall  also  be
subject  to  the  prior  payment  of  compounding  fee  and  development
charge, as may be determined by the State Government, from time to
time  :

Provided that, the State Government may, authorise the Planning
Authority  to  determine  the  compounding  fee  or  development  charge
or both, in the area of its jurisdiction.

Procedure for
regularisa-
tion.

4.

(1) The  concerned  plot-holder  shall apply  for  regularisation  of
Gunthewari development within a period of six months from the date
of  the  coming  into  force  of  this  Act  or  such  extended  time  as  the
Planning Authority may permit.

(2) The application shall be accompanied, inter alia, by,—

(a) documentary proof of ownership or lawful possession of the plot ;

(b) existing layout plan ;

(c) plan of existing construction on such plot ;

(d) rectification plan ;

(e) an  undertaking  by  the  applicant  to  rectify  uncompoundable

infringements ;

(f) demand draft, drawn on any scheduled bank to cover the amount

due as compounding fee and development charge.

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Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

5

(3) The Planning Authority shall scrutinise the case for fulfillment
of  the  stipulated  requirements  laid  down  under  sub-section  (2),
including  proof  of  actual  rectification  of    uncompoundable
infringements, and thereafter, issue a certificate of regularisation,
if satisfied on all these counts.

33  of
1976.

Mah.
XLI  of
1966.

5.

(1) Notwithstanding anything contained in any other law for
the  time  being  in  force,  on  being  regularised,  the Gunthewari
development shall be deemed to have been exempted under section 20
of  the  Urban  Land  (Ceiling  and  Regulation)  Act,  1976  from  the
provisions of Chapter III of the said Act and converted to non-agricultural
use  for  all  purposes  of  the  Maharashtra  Land  Revenue  Code,  1966,
subject to the payment of non-agricultural assessment and the other
terms  and  conditions  of  such  conversion  and  the  provisions  of  the
Development Plan or the Regional Plan, as the case may be, shall, so
far  as  such  development  is  concerned,  stand  modified  or  relaxed,  as
may be required.

(2) On  such  regularisation  of Gunthewari development  under
section  3,  by  the  concerned  Planning  Authority,  all  court  cases  or
other  proceedings,  filed  by  such  Planning  Authority,  and  pending  in
any court in so far as they relate to such unauthorised development,
shall abate.

Consequences
of
regularisation.

6.

(1) The  amounts  accruing  to  the  Planning  Authority  on
account  of  compounding  fee  shall  be  kept  by  the  Planning
Authority  in  a  separate  head  of  account  layout-wise  and  utilised
for  providing  on-site  infrastructure  (other  than  electricity  supply)
in the layout :

Upgradation
of
regularised
Gunthewari
development.

Provided  that,  fifteen  per  cent.  of  such  amount  shall  be  retained

by the Planning Authority towards administrative charges.

(2) The  on-site  development  of  the  layout  shall  be  undertaken  in
proportion  to  the  amount  of  compensation  received  by  the  Planning
Authority.

(3) Common or indivisible infrastructure or services or amenities or
facilities shall be provided by the Planning Authority only after such
minimum  proportion  of  number  of  plots  in  the  layout,  as  may  be
determined  by  the  State  Government,  from  time  to  time,  have  been
regularised.

(4) Individual or divisible infrastructure or services or amenities or
facilities may be provided as per the terms and conditions prescribed
under the relevant law, after the plot has been regularised.
(G.C.P.) H 780—3 (4,742—9-2012)

6

Control  of
Gunthewari
development.

Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

[2001 : Mah. XXVII

7.

(1) If any plot-holder has not applied for regularisation within
the  specified  period,  as  provided  in  sub-section (1) of  section  4,
the  Planning  Authority  shall,  before  initiating  any  action  under
sub-section (2), against the holder of such plot, for demolition of such
unauthorised construction, give such plot-holder, one month’s notice,
to apply for regularisation of such unauthorised development.

(2) On the plot-holder’s failure to apply for such regularisation, as
provided in sub-sections (1) and (2) of section 4, within the time limit
specified in the notice, or his application for regularisation is rejected
by the Planning Authority, the Planning Authority shall demolish the
unauthorised construction.

(3) The  police  shall  provide  adequate  protection  and  support  to
the  Planning  Authority  for  carrying  out  the  demolition  under
sub-section (2).

(4) (a) The  chief  executive  officer  of  the  Planning  Authority  or
the  Collector,  as  the  case  may  be,  who  fails  to  remove  any
Gunthewari development  undertaken  after  the  date  of  coming  into
force  of  this  Act,  within  a  period  of  six  months  from  the  date  of
its  occurrence  or  the  Commissioner  of  Police  or  the  Superintendent
of  Police,  as  the  case  may  be,  who  fails  to  provide  adequate
police  protection  and  support  for  carrying  out  the  demolition
as aforesaid; or

(b)  a  person  who  in  any  way  prevents  or  obstructs  the  Planning
Authority  or  Collector  or  Commissioner  of  Police  or  Superintendent
of Police, in the discharge of their duties as aforesaid ; or

(c) a  person  who  after  the  date  of  coming  into  force  of  this

Act, carries out any Gunthewari development; or

(d) a  person  who  aids  or  abets  such  unauthorised  development

or prevention or obstruction of such demolition ;

shall be deemed to have committed an offence under this Act, and
shall, on conviction be punishable with fine upto rupees ten thousand :

Provided that, the incumbent chief executive officer of the Planning
Authority  or  the  Collector  shall  not  be  liable  unless  he  has  held  the
post  for  not  less  than  six  months,  immediately  before  the  date  of
commission  of the  offence  :

Provided  further  that,  no  prosecution  of  the  chief  executive
officer  of  a  Planning  Authority  or  a  Collector  or  a  Commissioner  of
Police  or  a  Superintendent  of  Police  for  any  offence  under  this
sub-section,  shall  be  instituted  except  with  the  previous  sanction
of the State Government.

2001 : Mah. XXVII]

Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

7

8.

(1) The Planning Authority or any officer authorised by it, may
enter  into  or  upon  any  land  or  building  with  or  without  assistants
or workmen for the purpose of,—

Power  of
entry.

(a)  ascertaining  whether  any  land  is  being  or  has  been
developed  in  contravention  of  any  provision  of  this  Act  or  any
other law ;

(b) making any measurement or survey or taking levels of such

land or building ;

(c) setting  out  and  marking  boundaries  and  intended  lines  of

development ;

(d) marking such levels, boundaries and lines by placing marks

and cutting trenches ;

(e) examining  works  under  construction  and  ascertaining  the

course of sewers and drains :

Provided that,—

(i) in the case of any building used as a dwelling-house, or upon
any  enclosed  part  of  garden  attached  to  such  building,  no  such
entry  shall  be  made  except  between  the  hours  of  sunrise  and
sunset and without giving its occupier at least twenty-four hours
notice, in writing, of the intention to enter ;

(ii) sufficient  opportunity  shall,  in  every  instance,  be  given
to  enable  women  (if  any),  to  withdraw  from  such  land  or
building ;

(iii) due regard shall always be had, so far may be compatible,
with the exigencies of the purpose for which the entry is made,
to  the  social  and  religious  usages  of  the  occupants  of  the  land
or building entered.

(2) The powers of the Planning Authority or any person authorised
by the Planning Authority in this behalf, shall extend only to the area
under its jurisdiction.

9.

(1) All documents including notices and orders required by this
Act  or  any  rule  or  regulation  made  thereunder,  to  be served  upon
any person shall be deemed to be duly served,—

Service  of
notice,  etc.

(a) Where a document is to be served on a Government department,
railway, local authority, statutory authority, company, corporation,
society or other body, if the document is addressed to the head  of
the  Government  department,    General  Manager  of  the  railway,
Secretary or Principal Officer of the local authority, statutory authority,

H  780—3a

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Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

[2001 : Mah. XXVII

company,  corporation,  society  or  any  other  body,  at  its  principal
branch,  local  or  registered  office,  as  the  case  may  be,  and  is
either,—

(i) sent by registered post to such office ; or

(ii) delivered at such office ;

(b) where the person to be served is partnership firm and if the
document is addressed to such firm at its principal place of business,
identifying it by the name or style under which its business is carried
on, and is either,—

(i) sent by registered post to such office; or

(ii) delivered at the said place of business ;

(c) in any other case, if the document is addressed to the person

to be served, and,—

(i) is given or tendered to him ; or

(ii) if  such  person  cannot  be  found,  is  affixed  on  some
conspicuous part of his last known place of residence or business,
or  is    given  or  tendered  to  some  adult  member  of  his  family
or  is    affixed  on  some  conspicuous  part  of  the  land  or  building
to which it relates ; or

(iii) is sent by registered post to that person.

(2) Any  document  which  is  required  or  authorised  to  be
served  on  the  owner  or  occupier  of  any  land  or  building  may
be,  addressed  “the  owner”  or  “  the  occupier”,  as  the  case  may
be,  of  that  land  or  building  (naming  or  describing  that  land  or
building)  without  further  name  or  description  and  shall  be
deemed to be duly served,—

(a) if the document so addressed is sent or delivered in accordance

with clause (c) of sub-section (1) ; or

(b) if the document so addressed or a copy thereof so addressed

is delivered to some person on the land or building.

(3) Where a document is served on a partnership firm in accordance
with this section, the document shall be deemed to have been served
on each partner of such firm.

(4) For the purpose of enabling any documents to be served on the
owner of any property, the Planning Authority may, by notice in writing,
require  the  occupier  (if  any),  of  the  property  to  state  the  name  and
address of the owner thereof.

(5) Where the person on whom a document is to be served is a minor
the service upon his guardian or any adult member of his family shall
be deemed to be service upon the minor.

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Maharashtra Gunthewari Developments
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9

Explanation.—A  domestic  servant  is  not  a  member  of  the  family

within the meaning of this section.

10. Every public notice given under this Act or rules or regulations
made  thereunder  shall  be  in  writing  over  the    signature  of  such
officer  who  may  be  authorised  in  this  behalf by  the  Planning
Authority  and  shall  be  widely  made  known  in  the  locality  to  be
affected  thereby,  affixing  copies  thereof  in  conspicuous  public
places  within  the  said  locality  and  by  publishing  the  same  by
beat  of  drum  or  by  advertisement  in  one  or  more  local  newspapers,
and by such other means which the officer thinks fit.

Public notice
how  to  be
made  known.

11. Where  any  notice,  order  or  other  document  issued  or
made under this Act or any rule or regulation made thereunder requires
anything to be done for the doing of which no time is fixed in this Act
or  rule  or  regulations  made  thereunder,  the  notice,  order  or  other
document shall specify a reasonable time for doing the same.

Notices,  etc.
to fix
reasonable
time.

12. All  permissions,  orders,  decisions,  notices  and  all  documents
of  a  Planning  Authority  shall  be  authenticated  by  the  signature
of  such  officer  as  may  be  authorised  by  such  Authority  in  this
behalf.

Authentication
of  orders  and
documents.

Offences  by
companies.

13.

(1) Where  an  offence  under  this  Act,  or  the  rules  made
thereunder,  is  committed  by  a  company,  every  person  who  at  the
time  when  the  offence  was  committed,  was  in-charge  of,  and
was  responsible  to  the  company  for  the  conduct  of  the  business  of
the  company,  as  well  as  the  company,  shall  be  deemed  to  be  guilty
of  the  offence  and  shall  be  liable  to  be  proceeded  against  and
punished accordingly :

Provided  that,  nothing  contained  in  this  sub-section  shall
render    any  person  liable  to  any  punishment,  if  he  proves  that
the  offence  was  committed  without  his  knowledge  or  that  he
had  exercised  all  due  diligence  to  prevent  the  commission  of  such
offence.

(2) Notwithstanding anything contained in sub-section (1), where any
offence  under  this  Act  or  the  rules  made  thereunder,  has  been
committed  by  a  company  with  the  consent  or  connivance  of,  or  is
attributable to or on the part of, any Director, Manager, Secretary or
other  Officer  or  servant  of  the  Company,  such  Director,  Manager,
Secretary or other Officer or servant concerned shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.

Explanation.—For the purposes of this section,—

(a) “  company”  means  a  body  corporate  and  includes  a  trust,
a firm, a society, an institution or other association of  individuals ;
and

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Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

[2001 : Mah. XXVII

(b) “ director ” in relation to,—

(i) a firm means a partner in the firm ;

(ii) a  society,  a  trust,  an  institution  or  other  association  of

persons, or body of individuals, means the person who is interested

under  the  rules  or  bye-laws  of  the  society,  trust,  institution  or

other association or body with the management of the affairs of

the society, trust, institution or other association or body, as the

case may be.

Withdrawal
of  cases  and
compounding
of offences.

14.

(1) No court case initiated for any offence punishable under this

Act or rules made thereunder shall be withdrawn except with previous

sanction of  the Planning Authority or  any officer authorised  by such

Authority in this behalf.

(2) Except with regard to offences, the prosecution for which requires

previous sanction of the State Government, the Planning Authority or

any  person  authorised  in  this  behalf  by  the  Planning  Authority,  by

general or special order may, either  before or after the institution of

the proceedings, compound any offence made punishable by or under

this Act or rules made thereunder.

(3) When  an  offence  has  been  compounded,  the  offender,

if  in  custody,  shall  be  discharged  and  no  further  proceedings

shall be taken against him in respect of the offence compounded.

15. No  court  inferior  than  that  of  a  Judicial  Magistrate  of  the

First Class shall try an offence punishable under this Act.

16. No  suit,  prosecution  or  other  legal  proceedings  shall  lie

against  any  person  for  anything  which  is  in  good  faith  done  or

intended to be done under this Act or any rules or regulations made

thereunder.

17. Every  member  and  every  officer  and  other  employee  of  the

Planning Authority shall be deemed to be a public servant within the

meaning of the Indian Penal Code.

XLV  of
1860.

18. Every order passed or direction issued by the State Government

or order passed or notice issued by any Planning Authority under this

Act shall be final and shall not be questioned in any suit or other legal

proceedings.

Jurisdiction
of courts.

Protection of
action  taken
in  good  faith.

Members
and officers
to  be  public
servants.

Finality  of
orders.

11

Power  to
delegate.

Powers  of
Planning
Authority to
be  exercised
by  certain
officers.

2001 : Mah. XXVII]

Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

19.

(1) The  State  Government  may,  by  notification  in  the
Official  Gazette, delegate  any  power  exercisable  by  it  under
this  Act,  or  rules  made  thereunder  to  any  officer  of  the  State
Government  in  such  case  and  subject  to  such  conditions,  if  any,
as may be specified in such notification.

(2) The  Planning  Authority  may,  by  an  order  in  writing,  delegate
any power exercisable by it under this Act or rules or regulations made
thereunder, to any officer of the Planning Authority in such cases and
subject to such conditions, if any, as may be specified therein.

20. The  power  and  functions  of  a  Planning  Authority  shall,
for  the  purposes  of  this  Act,  be  exercised  and  performed  by
the following officers, namely :—

(a)  in  the  case  of  a  Municipal  Corporation,  by  the  concerned
Municipal Commissioner or such other officer as he may appoint in
this behalf ;

(b)  in  the  case  of  a  Municipal  Council,  by  the  concerned  Chief

Officer of the Council ;

(c) in  the  case  of  the  Nagpur  Improvement  Trust  or  a  Special
Planning Authority, by the chief executive officer or person exercising
such powers under the Acts applicable to such authorities ; and

(d) in  the  case  of  Collector,  either  the  Collector  or  such  other

officer as he may authorise in this behalf.

21.

(1)  Every  Planning  Authority  shall  carry  out  such  directions
or  instructions  as  may  be  issued  from  time  to  time  by  the  State
Government for the efficient administration of this Act.

Control by
State
Government.

(2) If  in,  or  in  connection  with,  the  exercise  of  its  powers  and
discharge  of  its  functions  by  any  Planning  Authority  under  this  Act,
any  dispute  arises  between  the  Planning  Authority  and  the  State
Government,  the  decision  of  the  State  Government  on  such  dispute
shall be final.

22. Every Planning Authority shall furnish to the State Government
such reports, returns and other information as  the State Government
may,  from  time  to  time,  require.

Returns  and
information.

23.

(1)  The  State  Government  may,  by  notification  in
the Official  Gazette, and  subject  to  the  condition  of  previous
publication  make  rules  to  carry  out  the  all  or  any  of  the  purposes
of this Act.

Power  to
make  rules.

(2) Every rule made under this Act shall be laid as soon as may be,
after it is made before each House of the State Legislature, while it is

12

Maharashtra Gunthewari Developments
(Regularisation, Upgradation and Control) Act, 2001

[2001 : Mah. XXVII

in session for a total period of thirty days, which may be comprised in
one  session  or  in  two  or  more  successive  sessions,  and  if,  before  the
expiry  of  the  session  in  which  it  is  so  laid  or  the  session  or  sessions
immediately following, both Houses agree in making any modification
in  the  rule  or  both  houses  agree  that  the  rule  should  not  be  made,
and  notify  such  decision  in  the Official  Gazette, the  rule  shall,  from
the date of publication of such decision, have effect only in such modified
form  or  be  of  no  effect,  as  the  case  may  be ;    so,  however,  that  any
such  modification  or  annulment  shall  be  without  prejudice  to  the
validity of anything previously done or omitted to be done under that
rule.

Power  to
make
regulations.

24. The Planning Authority may, with the previous approval of the
State Government, make regulations consistent with this Act and the
rules made thereunder, to carry out the purposes of this Act.

Repeal  of
Mah.  Ord
XIII  of  2001
and
saving.

25.

(1) The Maharashtra

Developments
(Regularisation, Upgradation and Control) Ordinance, 2001, is hereby
repealed.

Gunthewari

Mah.
Ord.
XIII of
2001.

(2) Notwithstanding such repeal, anything done or any action taken
(including any rule made or notification or order issued) under the said
Ordinance, shall be deemed to have been done, taken or issued, as the
case may be, under the corresponding provisions of this Act.

GOVERNMENT CENTRAL PRESS, MUMBAI

(iv)

Maharashtra  Debt Relief  Act,  1975

[1976  :  Mah.  III

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049

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GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
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PUNE 411 001.
Phone : 020 - 26125808, 26124759

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
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THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
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AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

